- (1.) THE case set up by the petitioner is that the respondent No.4 Ravi Shankar Tiwari, resident of 3729, Nahargarh Road, Chandpole Bazar Jaipur has raised illegal construction and made encroachments in front of his house on the public road and is conducting commercial activities therein unauthorisedly. It is submitted that the petitioner has submitted various representations to the Jaipur Municipal Corporation, Jaipur including its Mayor, the Commissioner, the Chief Executive Officer, Commissioner (Vigilance) as also the Commissioner Hawa Mahal Zone (West) but to no avail. Counsel submits that the respondents are derelict in their duties under the provisions of Rajasthan Municipalities Act, 1959, which mandate the officers to ensure neither encroachment on public land nor commercial activities in residential area are allowed. It is prayed that in this view of the matter the respondent officers be directed to remove the illegal construction and to restrain unauthorised commercial activities in the residential area.
(2.) HEARD learned counsel for the petitioner and perused the writ petition. The question as to whether the respondent No.4 has made encroachment on public road and is engaged in running commercial activities in residential premises, this would no doubt be a disputed questions of fact. This court in the exercise of its powers under Article 226 of the Constitution of India would loath to address and engage in disputed questions of facts, which are more amenable to be adjudicated in a regular trial in a civil court or any special forum/ tribunal statutorily prescribed. In any event the right agitated by the petitioner is not so much a legal or constitutional but a civil right. At the best, the case of the petitioner is that statutory authorities are not discharging their statutory obligations in respect of breach of statutory provisions by respondent No.4. In the facts obtaining before this court, rather than address the writ petition, I would dispose of the writ petition with a liberty to the petitioner to move a fresh representation within a period of seven days from today before the Commissioner Vigilance, as also the Commissioner Hawa Mahal Zone West Jaipur. The aforesaid authorities shall take steps within a period of four weeks thereafter to verify the allegations of encroachment and illegal construction by the respondent No.4 and if the same is found in breach of statutory provisions necessary steps be taken after due compliance with the principles of natural justice. With the above directions, the writ petition is disposed of. Stay application stands dismissed. ;